Product Purchase Agreement

This Terms of Purchase Agreement (the “Agreement”), is made by and between Meal Planning Your Way (hereafter known as “Company”), and you (hereafter known as “Purchaser”, and collectively, the “Parties”) upon purchasing a Product (as defined below) from Company. In doing so the Purchaser agrees to the following terms:

1. PRODUCT

Company provides Meal Planning Services and Food Additive Talks (Meal Planning Organisational services and speaking services, and online guides/ programs) (herein referred to as the “Products”). Purchaser agrees to abide by all policies and procedures as outlined in this agreement as a condition of their purchase.

2. REFUNDS

For online digital products and programs there are no refunds.

3. GUARANTEE/WARRANTY

Company sells these online products ‘as is’ without warranty or guarantee of any kind, either express or implied, including no warranty as to merchantability or fitness for a particular purpose. For all meal planning organising services, refer to separate agreement.

4. ASSUMPTION OF RISK

Purchaser agrees to accept all risk associated with the use of any Product, including but not limited to, the use of any Product personally or in business, all taxes and regulations applicable to any Product, all legal compliance issues related to any Product. Purchaser understands that the Company is disclaiming all liability from harm of any kind or nature caused directly or indirect from any Product.

5. INDEMNIFICATION

Purchaser agrees to indemnify and hold harmless Company, its affiliates, and its respective officers, directors, agents, employees, and other independent contractors from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including legal fees and costs, arising out of, or relating to, Purchaser’s action(s) under this Agreement or misuse of a Product. Purchaser agrees to defend against any and all claims, demands, causes of action, lawsuits, and/or judgments arising out of, or relating to, the Purchaser’s participation under this Agreement, unless expressly stated otherwise by Company, in writing.

6. LIMITATION OF LIABILITY

Purchaser agrees that the Company’s liability for any reason shall be no more than the total purchase price of the Product purchased.

7. DISPUTE RESOLUTION

If a dispute is not resolved first by good-faith negotiation between the Parties to this Agreement, every controversy or dispute to this Agreement will be submitted to the LEADR and IAMA. The arbitration shall occur within ninety-(90)-days from the date of the initial arbitration demand and shall take place in [Brisbane Queensland]. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety-(90)-day period. The written decision of the arbitrators (which will provide for the payment of costs, including legal fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.

8. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the state of Queensland, regardless of the conflict of laws principles thereof.

9. ENTIRE AGREEMENT; AMENDMENT; HEADINGS

This Agreement constitutes the entire agreement between the Parties with respect to its relationship, and supersedes all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement or otherwise modify any of the provisions of this Agreement. No amendment of, or any consent with respect to, any provision of this Agreement shall bind either party unless set forth in a writing, specifying such waiver, consent, or amendment, signed by both parties. The headings of Sections in this Agreement are provided for convenience only and shall not affect its construction or interpretation.

10. SEVERABILITY

Should any provision of this Agreement be or become invalid, illegal, or unenforceable under applicable law, the other provisions of this Agreement shall not be affected and shall remain in full force and effect.

11. WAIVER

The waiver or failure of Company to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder.